Are private parties permitted to have representation at hearings?:
Yes (All Types of Cases)
Who may serve as a private party representative?:
Either
About what percentage of private parties were represented at hearings (FY2013)?:
0.00%
Is the agency permitted to have representation at hearings?:
Yes (All Types of Cases)
Who may serve as an agency representative?:
Attorney
Regulations/rules of practice for hearings (please include CFR citations):
22 CFR Part 309, Subparts A & B; see also 31 CFR 900-904 (Federal Claims Collection Standards)
Is discovery permitted by either party at the hearing-level stage?:
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.):
Debtor is not permitted to conduct full "traditional" discovery, but, upon request, may "inspect and copy records related to the debt." (22 CFR 309.9(b)(8))
Are ex parte contacts prohibited?:
No
Are parties provided notice of hearing?:
Yes (All Types of Cases)
How far in advance of the hearing date is notice typically provided?:
30 Days
What types of hearings are permitted at the hearing-level stage?:
Written (Document-Only) Hearing
In-Person
Phone
Written (Document-Only) Hearing:
100%
In-Person:
0%
Video:
0%
Phone:
0%
How is the type of hearing selected:
By Agency
Depends on Nature of Case/Claim
Please describe:
Peace Corps "shall provide" debtor with an opportunity for "internal review" of notice of debt upon request. Internal review need not be oral if, in agency's view, matter can be decided on written record. Oral hearing only provided if Peace Corps determines that debt involves issues of credibility or veracity. (22 CFR 309.10(b)(1))
How many hearing officers preside at each hearing?:
One
Is witness testimony permitted at hearings?:
Varies by Case
If "Varies by Case," please describe:
If Peace Corps determines that oral hearing is necessary, witness testimony may be permitted; however, regulations also note that "such oral hearing shall not be a formal evidentiary hearing. (22 CFR 309.10(b)(2)). Not applicable for document-only hearings.
Can parties cross-examine witnesses?:
Varies by Case
If "Varies by Case," please describe:
If Peace Corps determines that oral hearing is necessary, cross-examination of witnesses may be permitted; however, regulations also note that "such oral hearing shall not be a formal evidentiary hearing. (22 CFR 309.10(b)(2)). Not applicable for document-only hearings.
Can third-parties submit amicus briefs and/or evidence?:
No
Are hearings recorded and/or transcribed?:
No
Are hearings open to the public?:
Varies by Case
If "Varies by Case," please describe:
If there is an oral hearing, the hearing is closed. This question is not applicable to document-only hearings.
Who typically drafts the decision at the hearing-level stage?:
Adjudication Officer
Staff Attorney
Do agency regulations or guidance provide time limits for issuance of final decisions?:
No
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing:
45 Days
Is judicial review available after issuance of a final decision?:
No
How are claims/cases processed at the hearing-level stage?:
First-In/First-Out Basis
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?:
No
Are final decisions published and/or posted on the agency website?:
No
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?:
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce:
No
Total # of Hearing Officers:
2
Is ADR available at one or more points during the hearing process?:
Yes
If "Yes," when is ADR available?:
Before Claim/Case Filed
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?:
Voluntary
What type(s) of ADR are available?:
Mediation
Settlement Conference
Who conducts the ADR?:
Agency ADR Official
Other published guidance on ADR process (if any)::
Peace Corps Manual Section 626
Comments/Notes on ADR Process (Optional):
None yet.
Total # Cases Filed/Opened (FY2013):
8
Total # Cases Decided/Closed (FY2013):
8
Total # Cases Pending (End of FY2013):
0
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen:
No
Verified by Agency:
Verified